A contractor performing work under a federal contract authorized by Congress is immune from liability for damages unless the contractor commits a separate act of negligence.
Plaintiffs sued dredging companies for damages caused by Hurricane Katrina, alleging the companies' work on the Mississippi River Gulf Outlet amplified the storm surge. The district court dismissed the claims, finding the defendants entitled to government-contractor immunity. The question presented is whether a public-works contractor must establish a traditional agency relationship with the government to invoke this immunity. The court applies the rule that a contractor performing work pursuant to a federal contract authorized by Congress is immune from liability for damages resulting from that work, provided the contractor did not exceed its authority. The court holds that the immunity applies based on the pleadings and affirms the dismissal.
At page 207 Distinguishing governmental direction from separate acts of negligence79 citing cases“sovereign immunity deprives federal courts of jurisdiction to hear claims, and a court finding that a party is entitled to sovereign immunity must dismiss the action for lack of subject-matter jurisdiction.”
- Anchorage v. Integrated Concepts & Rsch. Corp., 1 F. Supp. 3d 1001 (D. Alaska 2014).published But see Ackerson, 589 F.3d at 204 (The Fifth Circuit has "never held that Yearsley requires a common-law agency relationship between the government and a contractor.").
- Cabalce v. VSE Corp., 922 F. Supp. 2d 1113 (D. Haw. 2013).published But see Ackerson v. Bean Dredging LLC, 589 F.3d 196, 205 (5th Cir.2009) ("Yearsley does not require a public-works contractor defendant to establish a traditional agency relationship with the government.”). .
- Rouse v. BBC AF Mgmt. Dev. LLC, No. 5:21-cv-00326 (W.D. Okla. June 9, 2022).(Based on the Supreme Court’s actions in Yearsley, we hold that concluding Yearsley is applicable does not deny the court of subject-matter jurisdiction.)
- WhatsApp Inc. v. NSO Grp. Tech. Ltd., 472 F. Supp. 3d 649 (N.D. Cal. 2020).published(Yearsley does not discuss sovereign immunity or otherwise address the court’s power 26 to hear the case . . . .)
- In re In the Matter of the Fort Totten Metrorail Cases Arising Out of the Events of June 22, 2009, Misc. No. 2010-0314 (D.D.C. Aug. 16, 2012).published Md. 2010) (citing Yearsley, 309 U.S. at 21 ); accord Myers v. ( . . . continued) entity claiming the immunity must at a bare minimum have been a common law agent of the government at the time of the conduct underlying the lawsuit.”), and I…
- Mallos, No. 3:25-cv-00960 (S.D. Miss. Sept. 4, 2026).Servs., Inc., 833 F. App’x 411 , 412 (5th Cir. 2021) (citing Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)); see also Campbell-Ewald Co. v. Gomez, 577 U.S. 153, 166 (2016).
- Moore, No. 1:25-cv-01744 (D. Md. Mar. 27, 2026).Tech., Inc., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
- Anthony Cromartie v. South Carolina Dep't of Transp., No. 3:25-cv-13542 (D.S.C. Mar. 25, 2026).Tech., Inc., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (Sth Cir. 2009)); see alsoJackson Creek Marine, LLC v. Maryland, 153 F.4th 423 , 429 n.4 (4th Cir. 2025) (describing sovereign immunit…
- Williams v. Baltimore City Dept. of Pub. Works, No. 1:25-cv-00205 (D. Md. Mar. 9, 2026).Tech., Inc., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
- Chavies, No. 1:24-cv-01543 (D. Md. Mar. 3, 2026).Tech., Inc., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
Show 69 more citing cases
- Stocksdale, No. 1:24-cv-00325 (D. Md. Feb. 19, 2026).(ECF No. 27-1 at 8-9.) As the Fourth Circuit explained in Cunningham v. General Dynamics Information Technology, “sovereign immunity deprives federal courts of jurisdiction to hear claims, and a court finding that a party is entitled to so…
- Scott, No. 1:25-cv-01587 (D. Md. Feb. 11, 2026).Tech., Inc., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
- McPhail, No. 7:25-cv-00242 (W.D. Va. Jan. 22, 2026).Tech., Inc., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
- Okoye, No. 1:24-cv-03324 (D. Md. Jan. 5, 2026).Tech., Inc., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
- Constanza, No. 2:24-cv-00871 (E.D. La. Nov. 19, 2025). La. Feb. 16, 2016). 109 Ackerson v. Bean Dredging LLC, 589 F.3d 196, 205 (5th Cir. 2009). 110 Bynum v. FMC Corp., 770 F.2d 556, 564 (5th Cir. 1985). 111 Id. (noting that parties that have "close contractual ties with the government" may ne…
- Chott, No. 1:25-cv-01874 (D. Md. Nov. 10, 2025).Tech., Inc., 888 F.3d 640, 650 (4th Cir. 2018) (“[S]overeign immunity deprives federal courts of jurisdiction to hear claims, and a court finding that a party is entitled to sovereign immunity must dismiss the action for lack of subject-ma…
- Akpa v. Frederick Health Hosp., No. 1:24-cv-02595 (D. Md. Sept. 2, 2025).Tech., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
- Sare v. Cent. Collection Unit, No. 8:24-cv-03637 (D. Md. Aug. 4, 2025).Tech., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
- Sare v. Nikiforidou, No. 1:23-cv-02675 (D. Md. July 29, 2025).Tech., Inc., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
- Francis v. Univ. of Baltimore, No. 1:24-cv-02295 (D. Md. July 16, 2025). Tech., Inc., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
- Stokes v. Adam, No. 1:24-cv-03223 (D. Md. June 3, 2025).Tech., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
- Perkins v. Univ. of Maryland Sch. of Nursing, No. 1:24-cv-01688, 2025 WL 1371486 (D. Md. May 12, 2025).Tech., Inc., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
- De La Torre v. Becerra, No. 8:23-cv-03203 (D. Md. Feb. 11, 2025).Tech., Inc., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
- Wichtendahl Suarez v. Rhodes, No. 1:23-cv-02673 (D. Md. Feb. 4, 2025).Tech., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
- Murphy v. Stocksdale, No. 1:24-cv-00325 (D. Md. Jan. 13, 2025).Tech., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
- Nsiah v. United States Customs & Border Prot., No. 1:24-cv-01243 (D. Md. Dec. 3, 2024).Tech., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
- Morris v. NC Educ. Lottery, No. 3:24-cv-00371 (W.D.N.C. Oct. 28, 2024).Tech., Inc., 888 F.3d 640, 649 (4th Cir. 2018) (citing Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
- Bowling v. Dep't of Pub. Saf. & Corr. Servs., No. 1:23-cv-01785 (D. Md. Sept. 5, 2024).Tech., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
- Williams v. Coppin State Univ., No. 1:23-cv-02590 (D. Md. Aug. 22, 2024).Tech., 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 207 (5th Cir. 2009)).
- De Patricio v. Towson Univ., No. 1:22-cv-01454 (D. Md. Aug. 19, 2024).As the Fourth Circuit explained in Cunningham v. General Dynamics Information Technology, “sovereign immunity deprives federal courts of jurisdiction to hear claims[.]” 888 F.3d 640, 649 (4th Cir. 2018) (quoting Ackerson v. Bean Dredging L…
- Adams v. Eagle, Inc., No. 2:21-cv-00694 (E.D. La. Sept. 2, 2022).
- Fisher v. Halliburton, 696 F. Supp. 2d 710 (S.D. Tex. 2010).published
- Crossland v. Huntington Ingalls Inc., 635 F. Supp. 3d 491 (E.D. La. 2022).published
- Brown & Gay Eng'g, Inc. v. Zuleima Olivares, 461 S.W.3d 117 (Tex. 2015).published
- Latasha Freeman v. Am. K-9 Detection Servs., L.L.C., 494 S.W.3d 393 (Tex. App.—Corpus Christi 2015).published
- Humana Ins. Co. v. Dolores Mueller, No. 04-14-00752-CV (Tex. App. Apr. 28, 2015).published
- Latasha Freeman v. Am. K-9 Detection Servs., L.L.C., No. 13-14-00726-CV (Tex. App.—Corpus Christi June 4, 2015).published
- Univ. of Incarnate Word & Christopher Carter v. Valerie Redus, No. 04-15-00120-CV (Tex. App. May 7, 2015).published
- Kuwait Pearls Catering Co., WLL v. Kellogg Brown & Root Servs., Inc., 853 F.3d 173 (5th Cir. 2017).published
- Johnson v. Affiliated Comput. Srv, No. 19-10661 (5th Cir. Jan. 13, 2021).unpublished
- Gtech Corp. v. Steele, 549 S.W.3d 768 (Tex. App.—Austin 2018).published
- Contango Operators, Inc. v. United States, 9 F. Supp. 3d 735 (S.D. Tex. 2014).published
- Contango Operators, Inc. v. United States, 965 F. Supp. 2d 791 (S.D. Tex. 2013).published
- Zakka v. Palladium, 298 A.3d 319 (D.C. 2023).published
- Vans Story v. Washington Cnty. Health Dept., No. 1:17-cv-03590 (D. Md. July 25, 2019).
- Shaw v. State of Maryland, No. 1:18-cv-00782 (D. Md. Sept. 16, 2019).
- Little v. Haddaway-Riccio, No. 1:18-cv-00360 (D. Md. Sept. 26, 2019).
- Grim v. Baltimore Police Dep't, No. 1:18-cv-03864, 2019 WL 5865561 (D. Md. Nov. 8, 2019).
- Burley v. Baltimore Police Dep't, No. 1:18-cv-01743 (D. Md. Nov. 22, 2019).
- Neal v. United States, No. 1:19-cv-01033 (D. Md. Nov. 27, 2019).
- Hill v. CBAC Gaming LLC, No. 1:19-cv-00695, 2019 WL 6729392 (D. Md. Dec. 11, 2019).
- Panghat v. Dep't of Vets. Affairs, No. 1:19-cv-00994 (D. Md. Dec. 27, 2019).
- Pevia v. Moyer, No. 1:19-cv-00327 (D. Md. Mar. 4, 2020).
- Criscione v. US Nuclear Regulatory Comm'n, 493 F. Supp. 3d 423 (D. Md. 2020).published
- Love v. Hogan, No. 1:21-cv-02029 (D. Md. Aug. 15, 2022).
- Hart v. Casey, No. 8:22-cv-01216, 2022 WL 17989577 (D. Md. Dec. 28, 2022).
- Anchorage SNF, LLC v. Padilla, No. 1:22-cv-00166 (D. Md. Jan. 30, 2023).
- Mealey v. Baltimore City Police Dep't, No. 1:21-cv-02332, 2023 WL 2023262 (D. Md. Feb. 15, 2023).
- Simon v. Gladstone, No. 1:22-cv-00549 (D. Md. Mar. 18, 2023).
- Maddox, Jr. v. Parole Comm'n of Maryland & its Agents, No. 1:22-cv-01769 (D. Md. May 25, 2023).
- Squire v. Maryland Transit Admin., No. 1:22-cv-02493 (D. Md. July 18, 2023).
- Johnson-Howard v. AECOM Special Missions Servs., Inc., No. 8:19-cv-00614 (D. Md. Sept. 25, 2023).
- Spiller-Holtzman v. Univ. of Maryland, Baltimore, No. 1:22-cv-00514 (D. Md. Sept. 27, 2023).
- Stockslager v. Dist. of Columbia Nat'l Guard, 703 F. Supp. 3d 695 (D. Md. 2023).published
- Ensminger v. Towson Univ., No. 1:22-cv-02998 (D. Md. Feb. 5, 2024).
- Henderson v. Maryland Transit Admin., No. 1:23-cv-01267 (D. Md. Mar. 1, 2024).
- Savage v. Baltimore City Cmty. Coll., No. 1:23-cv-01003 (D. Md. Mar. 7, 2024).
- Torres Hernandez v. Lloyd, No. 1:23-cv-01016, 2024 WL 1329297 (D. Md. Mar. 28, 2024).
- Hammons v. Univ. of Maryland Med. Sys. Corp., 551 F. Supp. 3d 567 (D. Md. 2021).published
- Zito v. North Carolina Coastal Resources Comm'n, No. 2:19-cv-00011 (E.D.N.C. Mar. 27, 2020).
- Starpoint, Inc. v. Univ. of South Alabama, 600 F. Supp. 3d 590 (M.D.N.C. 2022).published
- Martin v. Hyundai Translead Inc, No. 3:20-cv-02147, 2020 WL 6701806 (N.D. Tex. Nov. 13, 2020).
- Johnson v. Baltimore Police Dep't, No. 1:19-cv-00698, 2020 WL 1169739 (D. Md. Mar. 10, 2020).
- Prince v. Wiedefeld, No. 1:23-cv-02496 (D. Md. June 28, 2024).
- Gillespie v. United States, No. 1:23-cv-02189 (D. Md. July 30, 2024).
- Mais v. Albemarle Cnty. Sch. Bd., No. 3:22-cv-00051, 2023 WL 2143471 (W.D. Va. Feb. 21, 2023).
- Craig Cunningham v. Gen. Dynamics Info., 888 F.3d 640 (4th Cir. 2018).published
- Doe v. Bd. of Regents of Univ. Sys. of Maryland, No. 1:25-cv-03239 (D. Md. Oct. 10, 2025).
- Tsubaki, No. 1:24-cv-03584 (D. Md. Jan. 30, 2026).
At page 209 Review of discovery denial and motion for judgment on the pleadings55 citing cases“focuses on the allegations in the pleadings and not on whether the plaintiff actually has sufficient evidence to succeed on the merits.”
- Anchorage v. Integrated Concepts & Rsch. Corp., 1 F. Supp. 3d 1001 (D. Alaska 2014).published But see Ackerson, 589 F.3d at 204 (The Fifth Circuit has "never held that Yearsley requires a common-law agency relationship between the government and a contractor.").
- Mancias, No. 1:26-cv-00025 (S.D. Miss. June 16, 2026).(Because the court is directed to look solely at the allegations on the face of the pleadings, discovery would not assist the Plaintiffs in defending the 12(c) motion.)
- Wilborn v. Holmes Cnty., No. 3:22-cv-00187 (S.D. Miss. Mar. 2, 2023).(Because the court is directed to look solely at the allegations on the face of the pleadings, discovery would not assist the [p]laintiffs in defending the 12(c) motion.)
- Brown, No. 1:25-cv-01146 (W.D. La. July 17, 2026).“subject to the same standard as a motion to dismiss under Rule 12(b)(6)”
- Mixon, No. 4:24-cv-01018 (E.D. Tex. Mar. 9, 2026).Ackerson v. Bean Dredging, LLC, 589 F.3d 196, 209 (5th Cir. 2009); Guidry v. Am.
- HealthTrackRx Indiana, Inc. v. RSUI Indem. Co., No. 4:23-cv-01063 (E.D. Tex. Apr. 17, 2025).Ackerson v. Bean Dredging, LLC, 589 F.3d 196, 209 (5th Cir. 2009); Guidry v. Am.
- Sentilles v. Huntington Ingalls Inc., No. 2:21-cv-00958 (E.D. La. Oct. 3, 2024).Ackerson v. Bean Dredging LLC, 589 F.3d 196, 209 (5th Cir. 2009).
- Jackson v. Sweat, No. 6:21-cv-00323 (E.D. Tex. Aug. 21, 2024).Ackerson v. Bean Dredging, LLC, 589 F.3d 196, 209 (5th Cir. 2009).
- Greg Porter v. Guadalupe Valdez, 424 F. App'x 382 (5th Cir. 2011).unpublished
- Bertucci Contracting Co. v. Wagner, 544 F. App'x 308 (5th Cir. 2013).unpublished
Show 44 more citing cases
- Nadiya Williams-Boldware v. Denton Cnty. Texas, 741 F.3d 635 (5th Cir. 2014).published
- Keryl Douglas v. Houston Hous. Auth., 587 F. App'x 94 (5th Cir. 2014).unpublished
- Regency Title Co. v. Westchester Fire Ins., 5 F. Supp. 3d 836 (E.D. Tex. 2013).published
- Gill v. Devlin, 867 F. Supp. 2d 849 (N.D. Tex. 2012).published
- United States ex rel. Vavra v. Kellogg Brown & Root, Inc., 903 F. Supp. 2d 473 (E.D. Tex. 2011).published
- Rey v. LCMC Health Care Partners, LLC, No. 2:21-cv-01188 (E.D. La. Mar. 2, 2022).
- Rey v. LCMC Health Care Partners, LLC, No. 2:21-cv-01188 (E.D. La. Nov. 18, 2022).
- Little v. Quality Title Servs., LLC, No. 2:23-cv-05394 (E.D. La. Nov. 30, 2023).
- Dorosan v. Stewart, No. 3:18-cv-00181 (M.D. La. Sept. 27, 2019).
- Hicks v. Dep't of Pub. Saf. & Corr., No. 3:19-cv-00108, 2020 WL 428116 (M.D. La. Jan. 27, 2020).
- Frederick v. LeBlanc, No. 3:18-cv-00682 (M.D. La. May 4, 2020).
- P H I Inc v. Apical Indus. Inc, No. 6:13-cv-00015 (W.D. La. May 7, 2020).
- Dunn v. City of Eunice, No. 6:20-cv-01063 (W.D. La. Mar. 28, 2024).
- Cooley v. Forrest Cnty. Sheriff's Dep't, No. 2:20-cv-00005 (S.D. Miss. Aug. 11, 2020).
- Lahman v. Cape Fox Corp., No. 4:17-cv-00305 (E.D. Tex. Aug. 15, 2019).
- Mumpuku v. City of Plano, No. 4:18-cv-00785 (E.D. Tex. Dec. 2, 2019).
- Polnac v. City of Sulphur Springs, No. 4:20-cv-00666 (E.D. Tex. Apr. 29, 2022).
- Phillips v. Collin Cmty. Coll. Dist., 630 F. Supp. 3d 828 (E.D. Tex. 2022).published
- Young v. Meridian Sec. Ins. Co., No. 4:22-cv-00982 (E.D. Tex. June 30, 2023).
- Smocks v. Preston Heights Apts., No. 4:22-cv-00787 (E.D. Tex. Aug. 30, 2023).
- Doe v. Frisco Indep. Sch. Dist., No. 4:23-cv-00768 (E.D. Tex. Sept. 25, 2023).
- Gonzales v. McDonald, No. 1:23-cv-00227 (E.D. Tex. Oct. 17, 2023).
- Gonzales v. Hile, No. 1:23-cv-00434 (E.D. Tex. Dec. 5, 2023).
- Mayden v. Home Depot USA Inc, No. 3:20-cv-00132 (N.D. Tex. Sept. 28, 2020).
- Joiner v. King, No. 3:23-cv-00585 (S.D. Miss. Oct. 28, 2024).
- Garcia v. City of McAllen, No. 7:19-cv-00068 (S.D. Tex. Apr. 1, 2020).
- Ordonez v. NewRez LLC, No. 7:20-cv-00326 (S.D. Tex. Apr. 19, 2021).
- Martinez v. Am. Sav. Life Ins. Co., No. 7:21-cv-00304 (S.D. Tex. Sept. 15, 2021).
- Sanchez v. Allstate Veh. & Prop. Ins. Co., No. 7:21-cv-00401 (S.D. Tex. Dec. 1, 2021).
- Garza v. Allstate Veh. & Prop. Ins. Co., No. 7:22-cv-00067 (S.D. Tex. Apr. 6, 2022).
- Lopez v. Allstate Indem. Co., No. 7:22-cv-00023 (S.D. Tex. June 14, 2022).
- Chan v. Citigroup Mortg. Loan Trust, Inc., No. 7:22-cv-00422 (S.D. Tex. June 12, 2023).
- Benavides v. Harris Cnty., 678 F. Supp. 3d 869 (S.D. Tex. 2023).published
- Michael Eyer v. Francisco Roman Rivera, Sr., No. 5:17-cv-01212 (W.D. Tex. Oct. 25, 2019).
- Zuniga v. Calderon, No. 5:18-cv-00338 (W.D. Tex. Dec. 19, 2019).
- Rafuse v. Advanced Concepts & Tech., Int'l, LLC, No. 6:20-cv-00718 (W.D. Tex. Aug. 1, 2022).
- Guthrie v. Ocwen Loan Servicing, LLC, No. 5:21-cv-01291 (W.D. Tex. July 24, 2023).
- A&E Austin 1, LTD. v. Nationwide Gen. Ins. Co., No. 5:21-cv-01031 (W.D. Tex. Aug. 1, 2023).
- Albarado v. Davis, No. 9:19-cv-00226 (E.D. Tex. Aug. 19, 2024).
- Peters-Clark v. Angelina Coll., No. 9:23-cv-00100 (E.D. Tex. Aug. 13, 2024).
- Am. Pearl Grp., LLC v. Nat'l Payment Sys., LLC, No. 3:22-cv-00693 (N.D. Tex. Sept. 2, 2026).
- Olvera, No. 3:24-cv-01285 (N.D. Tex. Sept. 8, 2026).
- United States v. Renda Marine, Inc., 750 F. Supp. 2d 755 (E.D. Tex. 2010).published
- WLP Capital Inc v. Tolliver, No. 5:19-cv-01003 (W.D. La. May 4, 2020).
At page 208 Reviewing motion to amend complaint for failure to state claim48 citing cases“if the complaint as amended would be subject to dismissal.”
- Ring v. Denton Cnty. Emergency Servs. Dist. 1, No. 4:21-cv-00917 (E.D. Tex. Sept. 27, 2023).(While there is a strong presumption in favor of granting leave to amend, a district court may refuse leave to amend if the complaint as amended would be subject to dismissal.)
- Gallentine v. Hous. Auth., 919 F. Supp. 2d 787 (E.D. Tex. 2013).published([T]here is a strong presumption in favor of granting leave to amend....)
- Fulmer, No. 3:26-cv-00121 (N.D. Miss. Sept. 2, 2026).A proposed amendment is futile “if the complaint as amended would be subject to dismissal.” Varela v. Gonzales, 773 F.3d 704, 707 (5th Cir. 2014) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 208 (5th Cir. 2009)). 1 The plaintiff C…
- Am. Servs., LLC v. TEN 4 Sys., LTD., No. 3:25-cv-00321 (N.D. Miss. June 4, 2026). “While there is a strong presumption in favor of granting leave to amend, a district court may refuse leave to amend if the complaint as amended would be subject to dismissal”
- ChampionX v. AIG Ins., No. 25-20030 (5th Cir. June 2, 2026).unpublishedWe consider amendments futile if “the complaint as amended would be subject to dismissal.” Varela v. Gonzales, 773 F.3d 704, 707 (5th Cir. 2014) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 208 (5th Cir. 2009)).
- Clark v. Dept of Pub. Saf., 141 F.4th 653 (5th Cir. 2025).publishedAmending pleadings would be futile “if the complaint as amended would be subject to dismissal.” Varela v. Gonzales, 773 F.3d 704, 707 (5th Cir. 2014) (quoting Ackerson v. Bean Dredging LLC, 589 F.3d 196, 208 (5th Cir. 2009)).
- Truehill v. Mfrs. & Traders Trust Co., No. 3:24-cv-00971 (M.D. La. Apr. 1, 2025).“if the complaint as amended would be subject to dismissal”
- Miles v. Port Arthur ISD, 772 F. Supp. 3d 770 (E.D. Tex. 2025).publishedAthletic Ass’n, 751 F.3d 368, 378 (5th Cir. 2014); Ackerson v. Bean Dredging LLC, 589 F.3d 196, 208 (5th Cir. 2009); Adrian, 363 F.3d at 404 (opining that the district court did not abuse its discretion by denying leave to amend where the…
- Jones v. AT&T, No. 24-30187 (5th Cir. Mar. 6, 2025).unpublished Ackerson v. Bean Dredging LLC, 589 F.3d 196, 208 (5th Cir. 2009). 3 “The standard of review for a bench trial is well established: findings of fact are reviewed for clear error and legal issues are reviewed de novo.” Preston Expl.
- Redpoint Cnty. Mut. Ins. Co. v. Links Ins. Servs., LLC, No. 1:24-cv-00013 (W.D. Tex. Feb. 12, 2025).Denson v. BeavEx, Inc., 612 F. App'x 754, 758 (5th Cir. 2015) (citing Ackerson v. Bean Dredging LLC, 589 F.3d 196, 208 (5th Cir. 2009)); see also Sw.
Show 36 more citing cases
- Alford v. Paxton, No. 4:24-cv-01679 (S.D. Tex. Feb. 3, 2025).But the “court may refuse leave to amend if the filing of the amended complaint would be futile, i.e., ‘if the complaint as amended would be subject to dismissal.’” Varela v. Gonzales, 773 F.3d 704, 707 (5th Cir. 2014) (citing Ackerson v.…
- Bell v. Herod, 368 F. App'x 564 (5th Cir. 2010).unpublished
- Unger v. Taylor, 368 F. App'x 526 (5th Cir. 2010).unpublished
- Schneider v. Harris Cnty. Sheriff Dep't, 373 F. App'x 504 (5th Cir. 2010).unpublished
- Carlos Armenta v. John Pryor, 377 F. App'x 413 (5th Cir. 2010).unpublished
- Mark Hudson v. Schlumberger Tech. Corp., 452 F. App'x 528 (5th Cir. 2011).unpublished
- Raymundo Salcedo v. Evanston Ins. Co., 462 F. App'x 487 (5th Cir. 2012).unpublished
- Robert McClure v. J. Turner, 481 F. App'x 167 (5th Cir. 2012).unpublished
- Jaime Varela v. David Gonzales, 773 F.3d 704 (5th Cir. 2014).published
- Cal Dive Int'l, Inc. v. Andrew Schm, 639 F. App'x 214 (5th Cir. 2016).unpublished
- Stephen Stem v. Ruben Gomez, 813 F.3d 205 (5th Cir. 2016).published
- United States ex rel. Bias v. Tangipahoa Par. Sch. Bd., 816 F.3d 315 (5th Cir. 2016).published
- Patricia Grant v. Deborah Seabron, 689 F. App'x 288 (5th Cir. 2017).unpublished
- Aldridge v. MS Dept of Corr., 990 F.3d 868 (5th Cir. 2021).published
- Doe v. McKesson, 272 F. Supp. 3d 841 (M.D. La. 2017).published
- Cherry v. Mainous, 608 F. App'x 301 (5th Cir. 2015).unpublished
- Broussard v. Liberty Mut. Ins, No. 23-30561 (5th Cir. Mar. 5, 2024).unpublished
- Bell v. State Prison Officials, No. 23-30339 (5th Cir. June 6, 2024).unpublished
- Leblanc v. United Servs. Auto. Ass'n, No. 2:22-cv-04386 (W.D. La. Oct. 13, 2023).
- Hunter v. United Servs. Auto. Ass'n, No. 3:22-cv-04916 (W.D. La. Oct. 13, 2023).
- Ocampo-Vergara v. Hughes, No. 3:20-cv-00619 (S.D. Miss. Aug. 22, 2023).
- Williams v. States, No. 6:21-cv-00142 (E.D. Tex. Jan. 24, 2022).
- Nixon v. Hegar, No. 3:21-cv-00976, 2021 WL 4197207 (N.D. Tex. Sept. 15, 2021).
- MC Trilogy Texas LLC v. City of Heath Texas, No. 3:22-cv-02154 (N.D. Tex. Sept. 28, 2023).
- Hime v. AS Am. Inc, No. 3:23-cv-00997 (N.D. Tex. Mar. 5, 2024).
- Venegas v. Space Expl. Tech. Corp., No. 1:21-cv-00054 (S.D. Tex. Feb. 23, 2022).
- McCain v. GR Wireline, LP, No. 4:21-cv-02071 (S.D. Tex. Oct. 6, 2022).
- Gilson v. Alvarez IV, No. 3:21-cv-00110 (W.D. Tex. Aug. 11, 2022).
- Sutton Place 1 Townhouse C/O Dana Props. v. AmGuard Ins. Co., 668 F. Supp. 3d 684 (W.D. Tex. 2023).published
- Palmer v. City Of El Paso, No. 3:22-cv-00232 (W.D. Tex. Apr. 24, 2023).
- Markowitz Croy v. United States, 697 F. Supp. 3d 653 (W.D. Tex. 2023).published
- Escobar v. City of Del Rio, No. 2:20-cv-00031 (W.D. Tex. Oct. 2, 2023).
- Joyner v. Del Rio Border Control Station, No. 2:22-cv-00013 (W.D. Tex. Oct. 2, 2023).
- Jackson v. Miller, No. 24-50966 (5th Cir. July 25, 2025).unpublished
- Nowlin, No. 3:25-cv-00662 (S.D. Miss. Apr. 13, 2026).
- Cedric Denson v. Beavex, Inc., 612 F. App'x 754 (5th Cir. 2015).unpublished
At page 205 Distinguishing contractor defense from general agency relationship9 citing casesThe Supreme Court’s decision in Yearsley does not require a public-works contractor defendant to establish a traditional agency relationship with the government.
- Cabalce v. VSE Corp., 922 F. Supp. 2d 1113 (D. Haw. 2013).published (Yearsley does not require a public-works contractor defendant to establish a traditional agency relationship with the government.)
- In re In the Matter of the Fort Totten Metrorail Cases Arising Out of the Events of June 22, 2009, Misc. No. 2010-0314 (D.D.C. Aug. 16, 2012).published (The Supreme Court’s decision in Yearsley does not require a public-works contractor defendant to establish a traditional agency relationship with the government.)
- Chesney v. Tennessee Valley Auth., 782 F. Supp. 2d 570 (E.D. Tenn. 2011).published (The application of the contractor defense in the context of military-equipment manufacturers is an area of law that has since been arguably distinguished from the general Yearsley defense in [Boyle ] and its progeny.)
- Constanza, No. 2:24-cv-00871 (E.D. La. Nov. 19, 2025). La. Feb. 16, 2016). 109 Ackerson v. Bean Dredging LLC, 589 F.3d 196, 205 (5th Cir. 2009). 110 Bynum v. FMC Corp., 770 F.2d 556, 564 (5th Cir. 1985). 111 Id. (noting that parties that have "close contractual ties with the government" may ne…
- Steib v. Huntington Ingalls Inc., No. 2:24-cv-02486 (E.D. La. Sept. 3, 2025).Courts have nonetheless noted it is unclear whether Yearsley even applies in cases of military contractors because “[t]he application of the contractor defense in the context of military-equipment manufacturers is an area of law that has […
- Adams v. Eagle, Inc., No. 2:21-cv-00694 (E.D. La. Sept. 2, 2022).
- Fisher v. Halliburton, 696 F. Supp. 2d 710 (S.D. Tex. 2010).published
- In the Matter of the Fort Totten Metrorail Cases Arising Out of the Events of June 22, 2009, 895 F. Supp. 2d 48 (D.D.C. 2012).published
- Crossland v. Huntington Ingalls Inc., 635 F. Supp. 3d 491 (E.D. La. 2022).published
At page 206 Contractor immunity under yearsley for government contracts10 citing casesdetermining that the district court correctly dismissed claims against a contractor when the plaintiff did not allege that the contractor exceeded its authority or that Congress did not validly confer such authority
- Chesney v. Tennessee Valley Auth., 782 F. Supp. 2d 570 (E.D. Tenn. 2011).published Ackerson, 589 F.3d at 205 (“The application of the contractor defense in the context of military-equipment manufacturers is an area of law that has since been arguably distinguished from the general Yearsley defense in [Boyle ] and its pro…
- Adams v. Eagle, Inc., No. 2:21-cv-00694 (E.D. La. Sept. 2, 2022).
- Fisher v. Halliburton, 696 F. Supp. 2d 710 (S.D. Tex. 2010).published
- Alan Metzgar v. KBR, Inc., 744 F.3d 326 (4th Cir. 2014).published
- Greg Adkisson v. Jacobs Eng'g Grp., Inc, 790 F.3d 641 (6th Cir. 2015).published
- Brown & Gay Eng'g, Inc. v. Zuleima Olivares, 461 S.W.3d 117 (Tex. 2015).published
- Latasha Freeman v. Am. K-9 Detection Servs., L.L.C., 494 S.W.3d 393 (Tex. App.—Corpus Christi 2015).published
- Taylor Energy Co. v. Luttrell, No. 2:18-cv-14046 (E.D. La. Aug. 21, 2020).
- Cantrelle v. Huntington Ingalls Inc, No. 2:24-cv-02102 (E.D. La. Apr. 29, 2025).
At page 204 Review of government-contractor immunity under yearsley6 citing casesThe Fifth Circuit has "never held that Yearsley requires a common-law agency relationship between the government and a contractor.
- Anchorage v. Integrated Concepts & Rsch. Corp., 1 F. Supp. 3d 1001 (D. Alaska 2014).published (The Fifth Circuit has "never held that Yearsley requires a common-law agency relationship between the government and a contractor.)
- Chesney v. Tennessee Valley Auth., 782 F. Supp. 2d 570 (E.D. Tenn. 2011).published Ackerson, 589 F.3d at 205 (“The application of the contractor defense in the context of military-equipment manufacturers is an area of law that has since been arguably distinguished from the general Yearsley defense in [Boyle ] and its pro…
- Jose Gomez v. Campbell-Ewald Co., 768 F.3d 871 (9th Cir. 2014).published
- In re KBR, Inc., 736 F. Supp. 2d 954 (D. Md. 2010).published
- Gonzalez v. CoreCivic, 986 F.3d 536 (5th Cir. 2021).published
At page 202 Allegations of environmental damage and property loss2 citing caseslisting allegations that the United States and its contractors had irreparably damaged Louisiana’s coastline and wetlands in the 1960s, ultimately contributing to the widespread loss of property during Hurricane Katrina
- Jose Gomez v. Campbell-Ewald Co., 768 F.3d 871 (9th Cir. 2014).published
- Adams v. Eagle, Inc., No. 2:21-cv-00694 (E.D. La. Sept. 2, 2022).
At page 210 Determining substantial prejudice from procedural error3 citing cases“not identified any substantial prejudice arising out of the district court's procedural error.”
- Great Lakes Dredge & Dock Co. v. Louisiana State, 624 F.3d 201 (5th Cir. 2010).published
- Fonteneaux v. Comm'r, 539 F. App'x 442 (5th Cir. 2013).unpublished
v.
BEAN DREDGING LLC Bean Dredging Corporation, formerly known as Eagle Dredging Corporation, formerly known as Falcon Dredging Corporation C.F. Bean LLC C.F. Bean Corporation, formerly known as C.F. Bean Incorporated Bean Horizon Corporation Bean Horizon LLC Bean Stuyvesant LLC Stuyvesant Dredging Company Stuyvesant Dredging Incorporated Stuyvesant Dredging Company LLC Royal Boskalis Westminster N.V. Gulf Coast Trailing Company TLJIC LLC T.L. James & Company Incorporated T.L. James Marine Incorporated T.L. James Marine LLC Ham Construction Overseas N.V. Great Lakes Dredge & Dock Company Great Lakes Dredge & Dock Company LLC of Louisiana Great Lakes Dredge & Dock Corporation of Delaware Natco Dredging Limited Partnership Great Lakes Trailing Company Weeks Marine, Inc. Mike Hooks Inc. Luhr Brothers, Incorporated Manson Construction Co., also known as Manson Construction & Engineering Company Manson Gulf LLC Pine Bluff Sand and Gravel Company King Fisher Marine Service, Inc. King Fisher Marine Service LP KFMSGP LLC, Defendants-Appellees Phillip Reed, on behalf of himself and all others similarly situated v. United States of America Bean Dredging LLC Bean Dredging Corporation, formerly known as Eagle Dredging Corporation, formerly known as Falcon Dredging Corporation C.F. Bean LLC C.F. Bean Corporation, agent C.F. Bean, Inc. Bean Horizon Corporation Bean Horizon LLC Bean Stuyvesant LLC Stuyvesant Dredging Company Stuyvesant Dredging, Inc. Stuyvesant Dredging Company LLC Royal Boskalis Westminster N.V. Gulf Coast Trailing Company TLJIC LLC T.L. James & Company, Inc. Ham Construction Overseas N.V. Great Lakes Dredge & Dock Company Great Lakes Dredge & Dock Company LLC of Louisiana Great Lakes Dredge & Dock Corporation of Delaware Natco Dredging Limited Partnership Great Lakes Trailing Company Weeks Marine, Inc. Mike Hooks, Inc. Luhr Brothers, Inc. Manson Construction Co., also known as Manson Construction & Engineering Co. Pine Bluff Sand & Gravel Company King Fisher Marine Service, Inc. King Fisher Marine Service LP KFMSGP LLC, In Re: Katrina Canal Breaches Litigation. Phillip Reed, On behalf of himself and all others similarly situated v. Gulf Coast Trailing Company T.L. James and Company, Inc. Great Lakes Dredge & Dock Company Mike Hooks, Inc. Luhr Brothers, Inc. Manson Construction Co., also known as Manson Construction & Engineering Co. Pine Bluff Sand & Gravel Company King Fisher Marine Service LP, In the Matter of the Complaint of Great Lakes Dredge & Dock Company, As owner of the Dredges California, Manhattan Island, Padre Island, and Alaska, and as owner pro hac vice of the Dredge Texas, In the Matter of the Complaint of Mike Hooks, Inc., As owner of the Dredge Missouri H, In the Matter of the Complaint of T.L. James and Company, Inc., As owner of the dredges Tom James and George D. Williams II praying for exoneration from or limitation of liability, In Re: In the Matter of the Complaint of Gulf Coast Trailing Company, A Louisiana Partnership, as owner of the dredge Ouachita, praying for exoneration from or limitation of liability, In Re: In the Matter of the Complaint of Manson Construction Co., As owner and operator of the Hopper Dredges Newport and Bayport, for exoneration from or limitation of liability, In Re: In the Matter of the Complaint of Luhr Brothers, Inc., As owner of the Spud Barge L-1101, Spud Barge L-1103 and M/V MICHAEL A and as owner Pro Hac Vice of M/V CHARLIE B praying for exoneration from or limitation of liability. In the Matter of the Complaint of King Fisher Marine Service LP, As owner of the Dredges Leonard M. Fisher and Everett Fisher, In Re: In the Matter of the Complaint of Pine Bluff Sand & Gravel Company, As owner and operator of dredge Marion praying for exoneration from or limitation of liability, In Re: In the Matter of the Complaint of Weeks Marine, Inc., As owner of the Dredges BE Lindholm, George D. Williams, Weeks 262 and BT 208, In Re: Katrina Canal Breaches Litigation. Fellosea Ackerson Gilbert Ackerson Cathy Adams Frederick Adams Jean Addison v. Bean Dredging LLC Bean Dredging Corporation, formerly known as Eagle Dredging Corporation, Bean Dredging Corporation, formerly known as Falcon Dredging Corporation C.F. Bean LLC C.F. Bean Corporation, formerly known as C.F. Bean, Inc. Bean Horizon Corporation Bean Horizon LLC Bean Stuyvesant LLC Stuyvesant Dredging Company Stuyvesant Dredging, Inc. Stuyvesant Dredging Company LLC Royal Boskalis Westminster N.V. Gulf Coast Trailing Company TLJIC LLC T.L. James & Company, Inc. T.L. James Marine, Inc. T.L. James Marine LLC Ham Construction Overseas N.V. Great Lakes Dredge & Dock Company Great Lakes Dredge & Dock Company LLC of Louisiana Great Lakes Dredge & Dock Corporation of Delaware Natco Dredging Limited Partnership Great Lakes Trailing Company Weeks Marine, Inc. Mike Hooks, Inc. Luhr Brothers, Inc. Manson Construction Co., also known as Manson Construction & Engineering Co. Manson Gulf LLC Pine Bluff Sand and Gravel Company King Fisher Marine Service, Inc. King Fisher Marine Service LP KFMSGP LLC, In Re: In the Matter of the Complaint of Great Lakes Dredge & Dock Company, As owner of the dredges California, Manhattan Island, Padre Island, and Alaska, and as owner pro hac vice of the Dredge Texas for Exoneration from or Limitation of Liability. Great Lakes Dredge & Dock Company, As owner of the dredges California, Manhattan Island, Padre Island, and Alaska, and as owner pro hac vice of the Dredge Texas, In Re: In the Matter of the Complaint of Mike Hooks, Inc., as owner of the Dredge Missouri H for Exoneration from or Limitation of Liability. Mike Hooks, Inc., as owner of the Dredge Missouri H, In Re: In Matter of the Complaint of T.L. James & Company, Inc., as owner of the dredges Tom James and George D. Williams II, praying for exoneration from or limitation of liability. T.L. James & Company, Inc., as owner of the dredges Tom James and George D. Williams II, In Re: In the Matter of the Complaint of Gulf Coast Trailing Company, a Louisiana Partnership, as owner of the dredge Ouachita TLJIC LLC, a partner therein, as owner of the dredge Ouachita, praying for exoneration from or limitation of liability. Gulf Coast Trailing Company, a Louisiana Partnership, as owner of the dredge Ouachita TLJIC LLC, a partner therein, as owner of the dredge Ouachita, In Re: In the Matter of the Complaint of Manson Construction Co., as owner and operator of the Hopper Dredges Newport and Bayport, for exoneration from or limitation of liability. Manson Construction Co., as owner and operator of the Hopper Dredges Newport and Bayport, In Re: In the Matter of the Complaint of Luhr Brothers, Inc., as owner of the Spud Barge L-1101, Spud Barge L-1103, and M/V MICHAEL A and as owner pro hac vice of M/V CHARLIE B praying for exoneration from or limitation of liability. Luhr Brothers, Inc., as owner of Spud Barge L-1101, Spud Barge L-1103, and M/V MICHAEL A and as owner pro hac vice of M/V CHARLIE B, In Re: In the Matter of the Complaint of King Fisher Marine Service LP, as owner of the dredges Leonard M. Fisher and Everett Fisher for exoneration from or limitation of liability. King Fisher Marine Service LP, as owner of the dredges Leonard M. Fisher and Everett Fisher, In Re: In the Matter of the Complaint of Pine Bluff Sand & Gravel Company, as owner and operator of dredge Marion praying for exoneration from or limitation of liability. Pine Bluff Sand & Gravel Co., as owner and operator of dredge Marion, In Re: In the Matter of the Complaint of Weeks Marine, Inc., as owner of the dredges B.E. Lindholm, George D. Williams, Weeks 262, and BT 208 for exoneration from or limitation of liability. Weeks Marine, Inc., as owner of the dredges B.E. Lindholm, George D. Williams, Weeks 262 and BT 208
Appellants sued the United States and thirty-two defendants who dredged the Mississippi River Gulf Outlet to recover damages sustained during Hurricane Katrina. The district court dismissed the claims against the dredgers because it determined that the defendants acted pursuant to contracts with the United States government under authority granted by an act of Congress. The appellants argue that the district court improperly: (1) dismissed their claims; (2) refused to allow them to amend their complaint; (3) refused to allow them to conduct discovery; and (4) entered judgment in favor of those defendants whose actions had been stayed after they filed petitions under the Limitation of Liability Act. We affirm.
I
In 2006, Philip Reed filed a class action against the United States and thirty-two dredging companies (Contractor Defendants) to recover damages the class suffered as a result of Hurricane Katrina. Reed also sought injunctive relief to prevent future dredging activities. Several months later, Fellosea Ackerson filed a substantively identical complaint on behalf of 1,600 named plaintiffs against the same thirty-two Contractor Defendants. The United States was not a named defendant in Ackerson’s complaint. The district court consolidated the actions.
Reed and Ackerson (Plaintiffs) alleged that the Contractor Defendants’ dredging activities caused environmental damage to[*203] protective wetlands in the Mississippi River Gulf Outlet (MRGO). The Plaintiffs also alleged that the MRGO project caused an amplification of the storm surge in the New Orleans region during Hurricane Katrina, undermining the levees and flood walls along the MRGO and the Industrial Canal that breached and flooded St. Bernard Parish and Orleans Parish. The Plaintiffs asserted claims against the Contractor Defendants for negligence, breach of implied warranty, concealment, and violation of environmental-protection laws and sought a myriad of damages and an injunction to prevent future dredging activities.
The United States filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1), claiming the court lacked subject matter jurisdiction because Reed had not filed an administrative claim as required by the Admiralty Extension Act.[1] The district court granted the Government’s 12(b)(1) motion and dismissed the claims against the United States. This dismissal is not at issue on appeal. The Contractor Defendants also filed a motion to dismiss under Rule 12(b)(1) and Rule 12(c).
While the Contractor Defendants’ motion was pending before the district court, some of the Contractor Defendants (Limitation Defendants) filed complaints under the Limitation of Liability Act,[2] which allows a shipowner facing potential liability for a maritime accident to limit his liability to the value of his vessel and cargo and automatically stays all other suits against the shipowner so that all claims will be litigated in the limitation proceeding.[3] Several Contractor Defendants (Bean Defendants) did not file limitation actions. The limitation actions were transferred to the judge presiding over the original Reed and Ackerson complaints, where they were consolidated.
The Plaintiffs filed a motion to stay the limitation actions and allow their claims against all of the Contractor Defendants to continue. The district court held a hearing on the Contractor Defendants’ motion to dismiss and the Plaintiffs’ motion to stay the limitation actions. Because the stays prevented the court from holding a hearing with respect to the Limitation Defendants, the action proceeded only as to the Bean Defendants, but the Limitation Defendants participated as amicus curiae.
The court granted the Contractor Defendants’ motion to dismiss under Rules 12(b)(1) and 12(c), concluding that the Contractor Defendants had government-contractor immunity under Yearsley v. W.A. Ross Construction Co.4 and Boyle v. United Technologies Corp.[5] The court denied the Plaintiffs’ request to conduct discovery to determine whether the Contractor Defendants had done anything to place them outside of Yearsley’s protection, calling the request a “fishing expedition.” The court also denied the Plaintiffs’ request for leave to amend their complaints as “futile.” The district court entered separate judgments against Reed and Ackerson. The court also entered a separate order in each case denying as moot the Plaintiffs’ motion to stay the limitation proceedings.
The Plaintiffs appealed these rulings, and the appeals were consolidated. The Plaintiffs claim the district court erred in[*204] granting the Contractor Defendants’ motion for judgment on the pleadings, denying their request for discovery, denying their motion to amend, and denying their motion to stay the limitation proceedings.
II
We review a grant of judgment on the pleadings under Rule 12(c) de novo.[6] We agree with the district court’s ruling that based on the pleadings, the Contractor Defendants are entitled to government-contractor immunity under Yearsley.
In Yearsley, the Supreme Court considered whether a contractor that built dikes in the Missouri River pursuant to a contract with the federal government could be held liable for damage caused by the construction of the dikes.[7] The contract was part of a federal project authorized by an act of Congress, and it was undisputed that the federal government authorized and directed the project.[8] The Court concluded that the contractor could not be held liable, holding that when “authority to carry out the project was validly conferred, that is, if what was done was within the constitutional power of Congress, there is no liability on the part of the contractor for executing its will.”[9] The Court also noted that “[wjhere an agent or officer of the Government purporting to act on its behalf has been held to be liable for his conduct causing injury to another, the ground of liability has been found to be either that he exceeded his authority or that it was not validly conferred.”[10]
The Plaintiffs contend that invoking Yearsley requires the government contractor to show that an agency relationship existed between the contractor and the government, and they argue that in this case an agency relationship is not evident on the face of the pleadings. To support their argument, the Plaintiffs rely on language from this court’s decision in Bynum v. FMC Corp.,[11] which states that “it is the law at least in this Circuit that the contractor must be an agent of the government before invoking its immunity.”[12] This statement is not as definitive, nor binding, as the Plaintiffs suggest. The Bynum court acknowledged that Yearsley only contains an “apparent requirement that the contractor possess an actual agency relationship with the government” and that “federal courts certainly have not always required such a relationship.”[13] Additionally, this statement is dicta, and we have never held that Yearsley requires a common-law agency relationship between the government and a contractor.
The language regarding agency on which the plaintiffs rely appears in an introductory section of the Bynum opinion entitled “Legal Background,” which provided “a brief overview ... of the [modern government contractor] defense’s historic analogues and the reasons provided by federal and state courts for the adoption of the modern defense.”[14] After concluding its discussion of the legal background, the court set forth a federal common-law defense for military-equipment manufac[*205]turers,[15] without discussing, applying, or citing Yearsley. Therefore, the court’s statements regarding Yearsley were unnecessary to its holding and constitute nonbinding dicta.[16]
The court’s statement in Bynum is not compelled by our prior case law. The Bynum court cited to Whitaker v. Harvell-Kilgore Corp.17 in support of its statement that a contractor must be an agent of the government before invoking its immunity.[18] In Whitaker, we held that a manufacturer of grenades and a manufacturer of fuses were not agents of the government and therefore not entitled to immunity after a grenade prematurely exploded during an Army training exercise.[19] The Bynum court’s reliance on Whitaker to support its understanding of Yearsley is problematic, however, because Whitaker does not cite Yearsley. Additionally, the case Whitaker does cite to support its holding,[20] Powell v. United States Cartridge Co.,21 is a Fair Labor Standards Act case that likewise does not cite Yearsley. Most importantly, both Bynum and Whitaker addressed military-contractor product liability and not public-works contractor liability as in Yearsley. The application of the contractor defense in the context of military-equipment manufacturers is an area of law that has since been arguably distinguished from the general Yearsley defense in Boyle v. United Technologies Corp.22 and its progeny.
The Supreme Court’s decision in Years-ley does not require a public-works contractor defendant to establish a traditional agency relationship with the government. Yearsley does use the word “agent”[23] but also uses “contractor”[24] and “representative.”[25] Most notably, the Yearsley court did not examine the relationship between the contractor defendant and the government to determine whether the contractor defendant was in fact acting as an agent or whether the contractor acted within the scope of any agency relationship. Instead, the court merely noted that setting aside the plaintiffs’ takings claim, “there is no[*206] contention, or basis for one, that if the contractor was acting for the Government in prosecuting its work in aid of navigation without the taking of property, the contractor would be subject to the asserted liability.”[26]
Other courts applying Yearsley have likewise not discussed an agency requirement.[27] For example, in Myers v. United States,[28] the Ninth Circuit affirmed a judgment that a private defendant who had constructed a road pursuant to a contract with the Bureau of Public Roads was not liable for alleged waste and trespass resulting from the construction.[29] Citing Yearsley, the court noted, “To the extent that the work performed by [the contractor defendant] was done under its contract with the Bureau of Public Lands, and in conformity with the terms of said contract, no liability can be imposed upon it for any damages claimed to have been suffered by the appellants.”[30] The court did not discuss whether the contractor defendant was the government’s agent or whether the defendant exceeded the scope of an agency relationship. A subsequent Ninth Circuit opinion citing Myers has likewise applied this rule without any discussion of an agency relationship.[31]
The Supreme Court has not abrogated or overturned Yearsley, and the Court’s most recent reference to that decision was a favorable citation in Boyle.32 The facts of Yearsley are quite similar to the facts in this case. Both cases involve public-works projects. In both eases, the actions causing the alleged harm were taken pursuant to contracts with the federal government that were for the purpose of furthering projects authorized by acts of Congress. And in both cases, the plaintiffs did not allege that the contractor defendant “exceeded his authority or that it[*207] was not validly conferred.”[33] The Plaintiffs do not allege that Congress lacks the authority to develop or maintain the MRGO. Further, their complaints leave no doubt that the Contractor Defendants were executing Congress’s will in dredging the MRGO. The Plaintiffs acknowledge that Congress initially approved the MRGO and that the U.S. Army Corps of Engineers constructed the project. The Plaintiffs further allege that the federal government pays the Contractor Defendants to dredge the MRGO yearly. The Plaintiffs do not, however, allege that the Contractor Defendants exceeded their authority or in any way deviated from Congress’s direction or expectations. Instead, the Plaintiffs’ allegations attack the entire MRGO project. For example, the Plaintiffs allege that “the project” has “dramatically increased the region’s vulnerability to hurricanes and tropical storms” and that the “MRGO has ... created an environmental disaster.” These allegations attack Congress’s policy of creating and maintaining the MRGO, not any separate act of negligence by the Contractor Defendants.
The applicability of Yearsley is established on the face of the Plaintiffs’ complaint, and accordingly, we hold that the district court did not err in dismissing the action.
III
Plaintiffs also contend that the district court should have dismissed their claims against the Contractor Defendants without prejudice, arguing that the Years-ley defense is jurisdictional in nature. This court’s opinion in Bynum acknowledges that “the basis of the contractor’s defense is not altogether clear from the text of the [Yearsley] opinion” and suggests that the basis for dismissing a Years-ley claim would be sovereign immunity.[34] Further, the doctrine has been referred to as the “shared immunity doctrine”[35] among other names.[36] If the basis for dismissing a Yearsley claim is sovereign immunity, then a Yearsley defense would be jurisdictional: sovereign immunity deprives federal courts of jurisdiction to hear claims, and a court finding that a party is entitled to sovereign immunity must dismiss the action for lack of subject-matter jurisdiction.[37]
However, the Court’s opinion in Yearsley itself countenances against its application to deprive the federal courts of jurisdiction. Yearsley does not discuss sovereign immunity or otherwise address the court’s power to hear the case.[38] Instead, the Court affirmed the reversal of the district court’s judgment on the[*208] grounds announced in Yearsley.[39] Based on the Supreme Court’s actions in Years-ley, we hold that concluding Yearsley is applicable does not deny the court of subject-matter jurisdiction. Further, as the Plaintiffs have not presented any arguments regarding whether the district court erred by dismissing their claims with prejudice if the Yearsley defense is not jurisdictional in nature, they have waived any error on this issue.[40] Thus, the district court properly dismissed the Plaintiffs’ claims with prejudice.
IV
The Plaintiffs also appeal the district court’s denial of their motion to amend their complaints. We review the district court’s denial of a motion to amend for abuse of discretion.[41] The Plaintiffs, in an apparent attempt to plead around Yearsley, sought leave to amend the complaint to add the following allegation:
Defendants failed to follow requirements of 33 CFR Parts 335-38, particularly 33 CFR 336.1(c)(4) and 33 CFR 320.4(b) and Executive Order No. 11990 made applicable thereby. The Dredging Defendants deviated from and/or failed to execute their dredging activities in the manner required by the Army Corps of Engineers and by the Nationwide Permits, specific permits, or general authorizations for dredging issued by or obtained by the Army Corps of Engineers pursuant to 33 CFR §§ 337.5 and 338.2. Furthermore, all defendants failed to follow State requirements (made applicable by 33 CFR 337.2) including those contained in Chapter 7, Sections 701 and 707 of the Louisiana Administrative Code related to dredging activities.
While there is a strong presumption in favor of granting leave to amend,[42] a district court may refuse leave to amend if the complaint as amended would be subject to dismissal.[43] The Plaintiffs’ proposed amended complaint would be subject to dismissal because it would not state a claim for relief. To state a claim, the Plaintiffs need not include detailed factual allegations, but the “[fjactual allegations must be enough to raise a right to relief above the speculative level.”[44] The Plaintiffs’ “obligation to provide the grounds of [their] entitle[ment] to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.”[45] Here, the Plaintiffs’ proffered amendment does not go beyond the conclusory allegation that the Contractor Defendants activities somehow violated various laws and regulations at some un[*209]specified time and place.[46] Other allegations in the complaint do not provide the additional support needed because, as discussed above, the factual allegations in the remainder of the original complaint go to the alleged damage from the existence and state of the MRGO, not the Contractor Defendants’ activities in maintaining it. The Plaintiffs cannot rely solely on these conclusory allegations and legal conclusions to avoid Yearsley. Accordingly, we hold that the district court did not abuse its discretion in refusing to allow the Plaintiffs to amend their complaints.
V
The Plaintiffs also appeal the district court’s denial of their request to conduct discovery. The Plaintiffs claim that the district court should have allowed discovery so that they could obtain the contracts between the Contractor Defendants and the government to determine the relationship between the government and the Contractor Defendants and to identify the Contractor Defendants’ obligations under the contracts.
We review a district court’s denial of discovery for abuse of discretion.[47] The district court granted the Contractor Defendants’ motion for judgment on the pleadings prior to discovery. “A motion for judgment on the pleadings under Rule 12(c) is subject to the same standard as a motion to dismiss under Rule 12(b)(6).”[48] Thus, the “inquiry focuses on the allegations in the pleadings” and not on whether the “plaintiff actually has sufficient evidence to succeed on the merits.”[49] Because the court is directed to look solely at the allegations on the face of the pleadings, discovery would not assist the Plaintiffs in defending the 12(c) motion. Accordingly, we hold that the district court did not abuse its discretion in denying the Plaintiffs’ request.
VI
Finally, the Plaintiffs contend that the district court erred in dismissing the claims against the Limitation Defendants without first lifting the automatic stay imposed by the limitation actions. When a shipowner files a petition under the Limitation of Liability Act,[50] all other suits against the shipowner are automatically stayed, and all claims should be litigated in the limitation proceeding.[51] But if a plaintiff makes certain stipulations, including that he will not enforce any judgment against the shipowner until the court[*210] has ruled on the limitation petition, the court presiding over the limitation action may stay that action and allow the merits actions to proceed.[52] The Plaintiffs moved for a stay of the limitation actions, but the district court denied the Plaintiffs’ motion. Therefore, the stay remained in place with regard to the Limitation Defendants, and the district court erred in entering judgment in favor of the Limitation Defendants in the merits action.
A district court’s failure to comply with formal procedural requirements is a ground for reversing a judgment when “the failure substantially prejudiced one of the parties.”[53] Here, the limitation actions and the merits actions were before the same district court. Because the district court could cure the procedural defect merely by entering a stay in the limitation actions and then entering judgment for the Limitation Defendants in the merits action, the Plaintiffs would be in the same position if the district court followed the proper procedure. The Plaintiffs have not identified any substantial prejudice arising out of the district court’s procedural error.[54] Thus, we affirm the entry of judgment in favor of the Limitation Defendants.
Because we hold that the Contractor Defendants are entitled to government-contractor immunity under Yearsley and that the Plaintiffs’ other claims are without merit or are harmless error, we AFFIRM the district court’s dismissal and DENY the motion to dismiss the appeal as moot.
Id. § 30511.
In re Port Arthur Towing Co., 42 F.3d 312, 315 (5th Cir.1995).
309 U.S. 18, 60 S.Ct. 413, 84 L.Ed. 554 (1940).
Doe v. MySpace, Inc., 528 F.3d 413, 418 (5th Cir.2008).
Yearsley, 309 U.S. at 19-20, 60 S.Ct. 413.
770 F.2d 556 (5th Cir.1985).
Id. (emphasis added).
.Id. at 560.
See Breen v. Tex. A&M Univ., 485 F.3d 325, 336 (5th Cir.2007).
418 F.2d 1010 (5th Cir.1969).
Bynum, 770 F.2d at 564 & n. 11.
Whitaker, 418 F.2d at 1012, 1014-15, 1018.
Id. at 1014 (citing Powell v. U.S. Cartridge Co., 339 U.S. 497, 70 S.Ct. 755, 94 L.Ed. 1017 (1950)).
339 U.S. 497, 70 S.Ct. 755, 94 L.Ed. 1017 (1950).
487 U.S. 500, 512, 108 S.Ct. 2510, 101 L.Ed.2d 442 (1988) (establishing a three-prong analysis to determine the liability of government contractors in the context of military-equipment manufacturing).
Yearsley v. W.A. Ross Constr. Co., 309 U.S. 18, 21, 60 S.Ct. 413, 84 L.Ed. 554 (1940) (“Where an agent or officer of the Government purporting to act on its behalf ....” (emphasis added)); id. at 22, 60 S.Ct. 413 ("[T]here is no ground for holding its agent liable .... The action of the agent is 'the act of the government.' ” (emphasis added) (quoting United States v. Lynah, 188 U.S. 445, 465, 23 S.Ct. 349, 47 L.Ed. 539 (1903), overruled in part on other grounds by United States v. Chicago, M., St. P. & P.R. Co., 312 U.S. 592, 61 S.Ct. 772, 85 L.Ed. 1064 (1941))).
Id. at 23, 60 S.Ct. 413 (“[TJhere is no contention, or basis for one, that if the contractor was acting for the Government in prosecuting its work in aid of navigation without the taking of property, the contractor would be subject to the asserted liability.” (emphasis added)).
Id. at 22, 60 S.Ct. 413 ("[I]t excludes liability of the Government’s representatives lawfully acting on its behalf .... ” (emphasis added)).
See, e.g., Myers v. United States, 323 F.2d 580, 583 (9th Cir.1963) (citing Yearsley and concluding, without discussing agency, that the government contractor could not be held liable); Gulf Ref. Co. v. Mark C. Walker & Son Co., 124 F.2d 420, 425 (6th Cir.1942) (considering the liability of a contractor who built levees that allegedly caused damages to the plaintiff and citing Yearsley, among other cases and without discussing agency, for the proposition that "a contractor or subcontractor doing work for the government in accordance with its requirements is not liable to a third person for its incidental effect upon his property, and that there is no presumption of negligence”); Dolphin Gardens, Inc. v. United States, 243 F.Supp. 824, 827 (D.Conn.1965) (quoting agency language from Yearsley but not analyzing the relationship between the contractor and the government to determine whether an agency relationship existed and granting summary judgment in favor of the defendant dredger). But cf. McMahon v. Presidential Airways, Inc., 502 F.3d 1331, 1343 (11th Cir.2007) (considering a contractor’s claim of derivative sovereign immunity under Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), for damages claimed by soldiers killed in an airplane crash and citing Yearsley and Whitaker v. Harvell-Kilgore Corp. for the proposition that if derivative sovereign immunity does exist, "the entity claiming the immunity must at a bare minimum have been a common law agent of the government at the time of the conduct underlying the lawsuit”).
323 F.2d 580 (9th Cir.1963).
Id. at 581.
Id. at 583 (citing Yearsley, 309 U.S. 18, 60 S.Ct. 413, 84 L.Ed. 554).
See Agredano v. U.S. Customs Serv., 223 Fed.Appx. 558, 558 (9th Cir.2007) ("[A] company contracting with the federal government cannot be held liable for injuries third parties incur as a result of the contract’s execution, where the contract is legal and the company does not breach the terms of the contract.” (citing Myers, 323 F.2d at 583)).
See Boyle v. United Techs. Corp, 487 U.S. 500, 506, 108 S.Ct. 2510, 101 L.Ed.2d 442 (1988).
Yearsley, 309 U.S. at 21, 60 S.Ct. 413.
Bynum v. FMC Corp., 770 F.2d 556, 564 (5th Cir.1985).
See Portis v. Polk Constr. Co., 694 F.2d 520, 524 (8th Cir.1982).
See, e.g., United States ex rel. Ali v. Daniel, Mann, Johnson & Mendenhall, 355 F.3d 1140, 1146 (9th Cir.2004) (using "government contractor defense”).
See Fed.R.Civ.P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”); Arbaugh v. Y&H Corp., 546 U.S. 500, 514, 126 S.Ct 1235, 163 L.Ed.2d 1097 (2006) ("[Wjhen a federal court concludes that it lacks subject-matter jurisdiction, the court must dismiss the complaint in its entirety.”); Bodin v. Vagshenian, 462 F.3d 481, 484 (5th Cir.2006) ("[Sovereign] immunity deprives federal courts of subject matter jurisdiction.”) (citing Chapa v. U.S. Dep't of Justice, 339 F.3d 388, 389 (5th Cir.2003)).
.Cf. Ali, 355 F.3d at 1147 ("However, the government contractor defense does not confer sovereign immunity on contractors.” (citing Boyle, 487 U.S. at 505 n. 1, 108 S.Ct. 2510)).
Yearsley v. W.A. Ross Constr. Co., 309 U.S. 18, 23, 60 S.Ct. 413, 84 L.Ed. 554 (1940).
See Mullins v. TestAmerica, Inc., 564 F.3d 386, 407 n. 9 (5th Cir.2009) ("[The appellant’s] inadequate briefing waives this claim.”).
See Briggs v. Mississippi, 331 F.3d 499, 508 (5th Cir.2003).
Fin. Acquisition Partners LP v. Blackwell, 440 F.3d 278, 291 (5th Cir.2006).
Pan-Islamic Trade Corp. v. Exxon Coip., 632 F.2d 539, 546 (5th Cir.1980) (citing DeLoach v. Woodley, 405 F.2d 496 (5th Cir.1969) and Byrne v. Kysar, 347 F.2d 734 (7th Cir.1965)), abrogated on other grounds, Todorov v. DCH Healthcare Auth., 921 F.2d 1438, 1451 n. 19 (11th Cir.1991).
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 1965, 167 L.Ed.2d 929 (2007).
Id. at 1964-65 (internal quotation marks omitted) (second alteration in original); see also Fernandez-Montes v. Allied Pilots Ass’n, 987 F.2d 278, 284 (5th Cir.1993) ("[C]onclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss.”).
Cf. Twombly, 127 S.Ct. at 1970 n. 10 ("Whereas the model form alleges that the defendant struck the plaintiff with his car while plaintiff was crossing a particular highway at a specified date and time, the complaint here furnishes no clue as to which of the four ILECs (much less which of their employees) supposedly agreed, or when and where the illicit agreement took place .... [A] defendant seeking to respond to plaintiffs' conclusory allegations ... would have little idea where to begin.”).
See Alpine View Co. v. Atlas Copco AB, 205 F.3d 208, 220 (5th Cir.2000).
Doe v. MySpace, Inc., 528 F.3d 413, 418 (5th Cir.2008).
Ferrer v. Chevron Corp., 484 F.3d 776, 782 (5th Cir.2007); see also Sw. Bell Tel., LP v. City of Houston, 529 F.3d 257, 263 (5th Cir.2008) ("AT&T maintains ... it was entitled to discovery prior to the district court’s dismissal-ruling. To the contrary, when deciding, under Rule 12(b)(6), whether to dismiss ... the court considers, of course, only the allegations in the complaint.”).
46 U.S.C.§ 30511.
See In re Port Arthur Towing Co., 42 F.3d 312, 315 (5th Cir.1995).
See Shafer v. Army & Air Force Exch. Serv., 376 F.3d 386, 393 (5th Cir.2004) ("Although as a general matter, the failure to comply with formal procedural requirements is not always grounds for reversing a judgment, in this case the failure substantially prejudiced one of the parties.”).
.Cf. id. at 393-94 (noting that there was substantial prejudice arising from the deviation from procedural requirements because the procedural defect (1) prevented the defendant from electing a jury trial, (2) led the special master to apply an incorrect legal standard, and (3) deprived the defendant of its right to object to the referral of the matter to a special master).